07-765Council File # � 7 S
Green Sheet # 3042991
RESOLUTION
Presented
OF SAINT PAUL, MINNESOTA
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I WHEREAS, the City of Saint Paul ("City") is holder of tide in fee for benefit of the Boazd of Water
2 Commissioners of the City of Saint Paul ("Boazd") to the following described real property in the City of
3 Vadnais Heights, Ramsey County, Minnesota (the "Property"):
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5 AlI that part of the land, including vacated Westerly Half of Michaud Avenue situated in Michaud &
6 Michaud's Rearrangement of L,ots A, B, C, D& E of Vadnais Lake Villas, lying easterly of the
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following described line: Commencing at the granite monument at the northwest corner of Section 31,
Township 30 North, Range 22 West, being the northwest corner of said Michaud & Michaud's
Rearrangement of Lots A, B, C, D& E of Vadnais Lake Villas, with the west line of said Section 31,
said west line being due North; thence North 89 degrees 40 minutes East, along the north line of said
Section and said Rearrangement a distance of 133 feet to the point of beginning of described line;
thence South 14 degrees 34 minutes East a distance of 325.53 feet; thence South 9 degrees 47 minutes
East a distance of 388.12 feet; thence South 13 degrees 17 minutes East a distance of 35731 feet;
thence South 18 degrees OS minutes East a distance of 161.24 feet; thence South 6 degrees 54 minutes
15 seconds East a distance of 397.56 feet and there terminating, according to the plat thereof on file and
of record in the office of the Register of Deeds in and for Ramsey County, Minnesota.
WHEREAS, Ramsey County has requested that the City and Board dedicate the following described highway
easement across the Property for construction of a low-level bridge required for the County's Vadnais
BouIevard Realignment project:
Commencing at the granite monument at the northwest corner of Section 31, Township 30 North, Range
22 West, being the northwest corner of said Michaud & Michaud's Rearrangement of L,ots A, B, C, D&
E of Vadnais Lake Villas, with the west line of said Section 31, said west line being due North; thence
North 89 degrees 40 minutes East, along the north line of said Section and said Rearrangement a
distance of 133 feet; thence South 14 degrees 34 minutes East a distance of 325.53 feet; thence South 9
degrees 47 minutes East a distance of 388.12 feet; thence South 13 degrees 17 minutes East a distance
of 35731 feet; thence South 18 degrees OS minutes East a distance of 161.24 feet; thence South 6
degrees 54 minutes 15 seconds East a distance of 96.18 feet to the point of beginning of said perpetual
easement; thence South 40 degrees 02 minutes 54 seconds East 150.75 feet; thence South 26 degrees 00
minutes 55 secands East 23634 feet; thence South 56 degrees 14 minutes OS seconds East to the
northerly right of way line of Vadnais Boulevard; thence northwesterly and westerly along said
northerly right of way line to the intersection with a line bearing South 6 degrees 54 minutes 15 seconds
East from the point of beginning; thence North 6 degrees 54 minutes 15 seconds West to the point of
beginning.
WHEREAS, Ramsey County has also requested that the City and Boazd waive their rights to compensation
for said easement, as the Property has negligible value; and
WHEREAS, Ramsey County staff did draft the attached Permanent Highway Easement which dedicates the
easement to Ramsey County, and also the attached Waiver of Compensation, and the assistant city attorney
has approved both as to form; and
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1 WHEREAS, the Boazd did adopt Resolution No. 6055 approving the Permanent Highway Easement and
2 Waiver of Compensation, and which did request that the Saint Paul City Council adopt a resolution approving
3 the Permanent Highway Easement and Waiver of Compensation and authorizing the proper officers of the
4 City of Saint Paul to execute the Permanent Highway Easement and Waiver of Compensation on behalf of the
City; now, therefore, be it
RESOLVED, that the Honorable Council of the City of Saint Paul does hereby approve the attached
Permanent Highway Easement and Waiver of Compensation, and that the proper officers are hereby
authorized and directed to execute both on behalf of the City.
Yeas
Benanav
Bostrom
Hazris
Helgen
Lan�y
Montgomery Y�
Thune ..
Absent I Requested by Department of:
Saint Pau1 ReQional Water Services
By: ��,
Gene •al Manager
Form Approved by City Attorney
By: (7���/i � • ��/
Approved by Mayor for Submi sion to Council
By:
�Q�i�.a � lE�� d'_ /.�'-D�
App ov j
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Matthew G. Sm'th Director
Office of Financial Services
Adopted by Council: Date Y. 1 LC�� °-�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartmenUof6cdcouncii: Dffie Initiated: ;
W ,, -Wa�r��; ' 15-AUG-07 i Green Sheet NO: 3042991
Contact Person & Phone: �, . DepartmeM SeM To Person InitiaUDate
BiIlTSChida ' � � 0 WaterUtili[v ' ccc ���
66265 � puj9n � 1 YVaterUtilitv � DeparfinentDirector �
Must Be on Cou eil /\qenda by (Date): Number i 2 .'N Attoruev Lisa Veith
f� f z210 - 7 F '� ,
� Routing i 3 vor'sOSce/!�- ' Mavor/As9stant
Doc. Type: RESOLUTION , Order I 4 ovual � I
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E-DOCUment Requiretl: N � i 5 'tv Qerk I G1tv Clerk � /��
Doeument Contaet: 'I ' � � �h y c1
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ContaM Phone: �
Total # of Signature Pages /(Clip All Lotations for Signature)
Adoption of Council Resolution approving dedication of Permanent Highway Easement and Waiver of Compensarion for Ramsey
County Vadnais Blvd Realignment Project in Vadnais Heights. Attachments: 1) proposed resolufion 2) easement 3) waiver of
compensation 4) Boazd of Water Commissioners Resln. No. 6055.
dations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
t. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cunerrt city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
I Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
'�� Ramsey County needs a permanen[ easement for bridge construction in order to obtain federal funding.
' Advantages If Approved:
Ramsey County will receive federal funding for construction of Vadnais Blvd Bridge.
Disadvantages If Approvetl:
None.
- �isadvantages If Not Approved:
j Ramsey County will receive federal funding for constntction of Vadnais Blvd Bridge.
Trensaction:
Funtling Source:
Rnancial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
August 15, 2007 9:01 AM Page 1
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Permanent Highway Easement and Waiver of Compensation
Staff Report
August 15, 2007
The City of Saint Paul holds fee title for benefit of the Board of Water Commissioners on a strip of
properiy at the southwest corner of West Arm Lake in Vadnais Heights. Ramsey County's plans to
realign Vadnais Boulevazd include constructing a new roadway over a portion of the properry. The
County requested two actions that will allow the conshuction to proceed as planned:
1. Permanent Hi¢hwav Easement
The County learned that soils on the properry were too unstable for roadway construction, so it
was required to design a low-profile roadway bridge. In order to receive federal funding for the
bridge, rules require that it obtain a permanent easement over the properry the bridge is to be
situated upon. The azea of the easement is 24,085 squaze feet.
2. Waiver of Compensation
The easement area is narrow, slopes steeply to the lake, has unstable soils and sanitary sewer
already runs through it from one end to the other. Based on these conditions and on rime being of
the essence far the County, it has requested that the Board donate the easement by executing a
Waiver of Compensation.
By Resolution No. 6055, the Board of Water Commissioners approved the easement and the waiver
and requested that the City do the same.
See the foIlowing attachments:
Location Map
Project Scope Map
Permanent Highway Easement
Waiver of Compensation
V:�Engineermg�BTSCHIDA�I,AND�Easements\Vadnais Blvd 200TEasemen[ and waiver_council staff repoR_08-13-07 doc
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SCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to
used as one. This map is a compilation of records, information and data located in various SOURCES:Ramsey County (Ji
�, county, state and federal o�ces and other sources regarding the area shown, and is to 2, 2007), The Lawrence GrouF
used for reference ourooses onlv.
Location Map
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O 7-7� S
PERMANENT HIGHWAY EASEMENT
The undersigned GRANTORS, for and in consideration of One and 00/100 Dollars ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to
Ramsey County, a Governmental Subdivision of the State of Minnesota, GRANTEE, its successors and assigns,
a perpetual easement for highway and utility purposes over, under and across the following described property
located in the County of Ramsey, State of Minnesota, to-wit:
PERMANENT EASEMENT DESCRIPTION
See Exhibits "A" and `B" attached hereto and by this reference made a part thereof.
A perpetual easement for public highway purposes with the right to enter upon the real estate designated
as the Permanent Highway Easement depicted by drawing on Exhibit "A" and legally described on Exhibit "B"
at any time the GRANTEE may see fit, for the purpose of constructing, reconstructing, operating, maintaining,
and/or repairing said highway and utility appurtenances on, over, across, through and under the easement;
including but not limited to pavement, boulevards, paths/sidewalks, pipes, signage, signals, structures,
excavations, embaiikinents, poles, lines, equipment, and any other items related to highway and utility
functions. GRANTEE has further right to remove trees, bushes, undergrowth, and other features within the said
easement area, which may interfere with highway and utility functions.
IN WITNESS WFIEREOF, GRANTORS has executed this easement as of the day of
, 2007.
GRANTORS:
BOARD OF WATER CONIlVIISSIONERS
OF THE CITY OF SAINT PAUL
Approved as to form:
�
Assistant City Attomey
President
By
Secretary
ACKNOWLEDGEMENT � 7 _ 7 � S —
STATE OF I�INNESOTA )
) ss
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2007, by , the President and by
iiI2 �eC22t2iJ Gii uEii3ii ^vf t1i�. B62SC� Cf :Ts'ater �^vailiIliSSI�u�°.i5 Cf ��.. �:�,j `Jf 522.^.t P2L:.� 2^:L'^.:C:Y2.1
corporafion of the State of Minnesota.
NOTARY PUBLIC
GRANTORS:
CITY OF SAINT PAUL, NIINNESOTA
By
Mayor
By
City Clerk
Director. Office of Financial Services
ACKNOWLEDGEMENT
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
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)
The foregoing instrument was acknowledged before me this day of
2007, by , the Mavor, on behalf of the City of Saint Paul, Minnesota,
a municipal corporation of the State of Minnesota.
NOTARY PUBLIC
This inshument was drafted by: S.A.P. 62-616-04CTB
SRF Consulting Group, Inc. Pazcel No. 7
One Cazlson Pkwy, Suite 150 Permanen[ Highway Easement
Minneapolis, MN 55447-4443 PID No. 31-30-22-22-0015
C� �-��s
COUNTY OF RAMSEY
EASEMENT ACQUISTTION DESCRIPTION
SRF No. 0065836
CouN� Pxo�cr No. P3232
Juz.Y 1 O, 2007
SRF PaxCEL 7
(RntvrSEY Courr'rY PnztCELS 113-123)
BOARD OF WATER COMNIISSIONERS OF THE C1TY OF ST. PAUL
Docu�NTNo. 1716955 sT.tu..
P.I.N. 31-30-22-22-0015
PERMANENT HIGHWAY EASEMENT
A permanent easement for roadway and utility purposes over, under, across and through part of the
following described property:
All that part of the land, including vacated Westerly Half of Michaud Avenue situated in Michaud
& Michaud's Rearrangement of L.ots A, B, C, D& E of Vadnais Lake Villas, lying easterly of the
following described line: Commencing at the granite monument at the northwest comer of
Section 31, Township 30 North, Range 22 West, being the northwest corner of said Michaud &
Michaud's Rearrangement of L.ots A, B, C, D& E of Vadnais Lake Villas, with the west line of
said Section 31, said west line being due North; thence North 89 degrees 40 minutes East, along
the north line of said Section and said Rearrangement a distance of 133 feet to the point of
beginning of described line; thence South 14 degrees 34 minutes East a distance of 325.53 feet;
thence South 9 degrees 47 minutes East a distance of 388.12 feet; thence South 13 degrees 17
minutes East a distance of 357.31 feet; thence South 18 degrees OS minutes East a distance of
161.24 feet; thence South 6 degrees 54 minutes 15 seconds East a distance of 397.56 feet and there
ternunating, according to the plat thereof on file and of record in the office of the Register of
Deeds in and for Ramsey County, Minnesota.
Said perpetual easement being that part of said described property described as follows:
Coxnmencing at the granite monument at the northwest corner of Section 31, Township 30 North,
Range 22 West, being the northwest corner of said Michaud & Michaud's Rearrangement of Lots
A, B, C, D& E of Vadnais Lake Villas, with the west line of said Section 31, said west line being
due North; thence North 89 degrees 40 minutes East, along the north line of said Section and said
Rearrangement a distance of 133 feet; thence South 14 degrees 34 minutes East a distance of
325.53 feet; thence South 9 degrees 47 minutes East a distance of 388.12 feet; thence South 13
degrees 17 minutes East a distance of 35731 feet; thence South 18 degrees OS minutes East a
distance of 161.24 feet; thence South 6 degrees 54 minutes 15 seconds East a distance of 96.18
feet to the point of beginning of said perpetual easement; thence South 40 degrees 02 minutes 54
seconds East 150.75 feet; thence South 26 degrees 00 minuTes 55 seconds East 23634 feet; thence
South 56 degrees 14 minutes OS seconds East to the northerly right of way line of Vadnais
Boulevard; thence northwesterly and westerly along said northerly right of way line to the
intersection with a line bearing South 6 degrees 54 minutes 15 seconds East from the point of
beginning; thence North 6 degrees 54 minutes 15 seconds West to the point of beginning.
Exhibit B
BOARD OF WATER COMMI55(ONERS
RESOLUTION — GENERAL FORM
PRESENTED 8Y
COMMISSIONER
�7-7�s
6055
WFIEREAS, the City of Saint Paul ("Cit}�') has property interests for benefit of the Board of Water
Commissioners ("Boazd") over the following described real property situated in Ramsey Counry,
Minnesota (the "Premises"), said Premises being situated north of Vadnais Boulevazd in the City of
Vadnais Heights:
All that part of the land, including vacated Westerly Half of Michaud Avenue situated in
Michaud & Michaud's Rearrangement of I.ots A, B, C, D& E of Vadnais Lake Villas,
lying easterly of the following described line: Commencing at the granite monument at
the northwest corner of Section 31, Township 30 North, Range 22 West, being the
northwest comer of said Michaud & Michaud's Reazrangement of Lots A, B, C, D& E of
Vadnais Lake Villas, with the west line of said Section 31, said west line being due North;
thence North 89 degrees 40 minutes East, along the north line of said Section and said
Rearrangement a distance of 133 feet to the point of beginning of described line; thence
South 14 degrees 34 minutes East a distance of 325.53 feet; thence South 9 degrees 47
minutes East a distance of 388.12 feet; thence South 13 degrees 17 minutes East a
distance of 357.31 feet; thence South 18 degrees OS minutes East a distance of 161.24
feet; thence South 6 degrees 54 minutes 15 seconds East a distance of 397.56 feet and
there ternunating, according to the plat thereof on file and of record in the office of the
Register of Deeds in and for Ramsey County, Minnesota
; and
WHEREAS, Ramsey County desires to construct roadway, bridge and utility improvements within
the Premises as part of its Vadnais Boulevard Realignment Project, S.P. 62-616-04; and
WHEREAS, by Resolution No. 6054, the Board did approve a Thirteenth Rider to Agreement with
Ramsey County which granted pernussion for said improvements; and
WHEREAS, Ramsey County has requested that the Boazd and City dedicate a permanent highway
easement over a portion of the Premises, thereby allowing Ramsey County to qualify for federal
contribution towazds bridge construction costs, and has also requested that the Board waive its right
to compensation for said easement, as the easement area of the Premises; and
WHEREAS, the Boazd is willing to grant said easement and to waive its right to compensation; and
Water Commissioners
Yeas
In favor
Nays
•... •�
Adopted by the Board of Water Commissioners
SECY.
BOARD OF WATER COMMISSIONERS
RESOLUTION — 6ENERAL FORM
PRESENTED 6Y MOntgolIleLy
COMM15510NER DA
o �-�� S
No 6055
August 14, 2007
WHEREAS, Ramsey County has drafted a Permanent Highway Easement and Waiver of
Compensation document and has requested that both be executed by the Boazd and the City; now,
therefore, be it
Yeas
President
In favor
RESOLVED, that the Board of W ater Commissioners does hereby approve the Permanent Highway
Easement over the Premises for Vadnais Boulevazd Realignment Project, S.P. 62-616-04 in
substantially the form submitted, and that the proper officers are hereby authorized and directed to
execute said Easement on behalf of the Boazd, following approval of the assistant city attorney; and,
be it
FURTHER RESOLVED, that the Board of Water Commissioners does hereby approve the Waiver
of Compensation for said Easement, and that the proper officers aze hereby authorized and directed
to execute said Waiver on behalf of the Boazd; and be it
FINALLY RFSOLVED, that the Honorable Council of the City of Saint Paul is hereby requested to
approve said Permanent Highway Easement and said Waiver of Compensation and to authorize and
direct the proper officers of the City of Saint Paul to execute said Easement and Waiver on behalf of
the City.
Water Commissioners
Rleindl NBYs
NIoutgomery
Rossbach
Aarris
4 �PPosed �
Adopted bp the Board of Water Commissioners
Au2ust 14. 20 S7
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ACKIVOWLEDGEMENT
STATE OF MIIVNESOTA
COUNTY OF RAMSEY
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) ss
)
The foregoing insuument was acknowledged before me this day of
2007, by , the Cit�%Cterk, on behalf of the City of Saint Paul,
Minnesota, a municipal corporation of the State of Minnesota.
NOTARY PUBLIC
ACKNaWLEDGEMENT
STATE OF MINNESOTA
COi7NTY OF RAMSEY
)
) ss
)
The foregoing instrument was acknowledged before me this day of
2007, by , the Director, Office of Financial Services, on behalf of the
City of Saint Paul, Minnesota, a municipal corporation of the State of Minnesota.
►f�C�� : ' 1:7/1(�1
This instrument was draSted by: S.A.P. 62-616-04CTB
SRF Consuiting Group, Inc. Parcel No. 7
One Cazlson Pkwy, Suite 150 Permanent Aighway Easement
Minneapolis, MN 55447-4443 PID No.31-30-22-22-0015
WAIVER OF COMPENSATION
(DONATIOl�
S.A.P. No.: 62-616-04 CTB
Parcel No.: 7
Owners: Board of Water Commissioners of the Citv of St. Paul & The Citv of St. Paul
Tas ID: 31-30-22-22-0015
James E. Tolaas, P.E.
Department of Public Works
Ramsey County
1425 Paul Kirkwold Drive
Arden Hills, MN 55112
Dear Mr. Tolaas,
�
D�-7/5
We aze fixlly awaze of the county's need to acquire a strip of right of way (24,085 square feet) for the
above highway reconstruction project. We are also awaze of the city's right to have the county appraise
the property and of the city's right to receive just compensation.
We have decided to donate the right of way required. We hereby waive our right to have the properiy
appraised and waive our right to receive just compensation.
Sincerely,
BOARD OF WATER COMNIISS
OF THE CITY OF SAINT PAUL
Approved as to form:
:
:
Assistant City Attorney
Stephen P. Schneider, General Manager
Saint Paul Regional Water Services
By
President
By
Secretary
CITY OF SAINT PAUL, NIINNESOTA
By
Mayor
By
City Clerk
By
Director, Office of Financial Services
H IROYVIRight of Wiry Files15836 Ramsey YadrraislParcel7lWarver of Compensatron.doc